Hi Sir,
I resigned on the 10th of January 2017. My company has a notice period of 3 months, so in my resignation letter, I confirmed to the company that I would serve the full 3-month notice period. My HR department accepted my resignation and informed me that they would grant an early release on the 21st of January 2017.
I am seeking clarification on whether the company is required to pay me the remaining 2.5 months of basic pay as per our contract agreement. If I request an early release, then I understand that I may need to pay for the balance days of the notice period. Upon inquiring with HR, they referred me to a clause stating that "If the company provides an early release, the decision to pay the basic salary for the notice period is at the complete discretion of the management." Are there any laws governing the management's discretion in such cases, considering that my resignation process, clearance, and handover have all been completed in accordance with company policies?
Upon discussing this management discretion with HR, they offered me the option to be placed at a client location that requires 6 hours of travel, which I am medically unfit to undertake. I have provided HR with a medical certificate to support my inability to fulfill this assignment.
I would appreciate your guidance on this matter.
Kind regards, [Your Name]
From India, Mumbai
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I resigned on the 10th of January 2017. My company has a notice period of 3 months, so in my resignation letter, I confirmed to the company that I would serve the full 3-month notice period. My HR department accepted my resignation and informed me that they would grant an early release on the 21st of January 2017.
I am seeking clarification on whether the company is required to pay me the remaining 2.5 months of basic pay as per our contract agreement. If I request an early release, then I understand that I may need to pay for the balance days of the notice period. Upon inquiring with HR, they referred me to a clause stating that "If the company provides an early release, the decision to pay the basic salary for the notice period is at the complete discretion of the management." Are there any laws governing the management's discretion in such cases, considering that my resignation process, clearance, and handover have all been completed in accordance with company policies?
Upon discussing this management discretion with HR, they offered me the option to be placed at a client location that requires 6 hours of travel, which I am medically unfit to undertake. I have provided HR with a medical certificate to support my inability to fulfill this assignment.
I would appreciate your guidance on this matter.
Kind regards, [Your Name]
From India, Mumbai
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See, there are two aspects to this:
If during the said period your payment is 18,000 or below, then only you are covered under the Payment of Wages Act. Also, you must not be in a managerial position. Holding this true, they cannot deduct wages. But if you are not covered here, then you are not protected, and your contract with the company that you signed will be the bible.
The second part is the Shops and Establishment Act. It will save you if you are not in a managerial position; then also, they cannot deduct wages. But in both cases, they can sue you for breach of contract in a civil court and get what they paid you.
From India, Kolkata
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180If during the said period your payment is 18,000 or below, then only you are covered under the Payment of Wages Act. Also, you must not be in a managerial position. Holding this true, they cannot deduct wages. But if you are not covered here, then you are not protected, and your contract with the company that you signed will be the bible.
The second part is the Shops and Establishment Act. It will save you if you are not in a managerial position; then also, they cannot deduct wages. But in both cases, they can sue you for breach of contract in a civil court and get what they paid you.
From India, Kolkata
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Notice period is 3 months. This notice period is used by the company to search for your replacement. Assuming the company has found your replacement within 1 month, then there is no use in keeping you on hold for 2 extra months. The new joiner may not be ready to wait for another 2 months. Hence, the management uses its discretion on when to release you once you have tendered your resignation.
I do not find any illegality in this. Maybe other learned members can shed light on it.
From India, Kolkata
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I do not find any illegality in this. Maybe other learned members can shed light on it.
From India, Kolkata
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I agree with Ritesh.
If the management can relieve you earlier, you should not be having any issue. The management will insist on three months' notice in case you are handling some mission-critical assignment or if they have some grudge on you and they want to deprive you of some good job opportunities. I personally feel that you should accept the relieving letter along with your full and final dues and leave the company gracefully rather than carrying any bitter thoughts.
Wishing you all the best for your future journey.
From India, Mumbai
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If the management can relieve you earlier, you should not be having any issue. The management will insist on three months' notice in case you are handling some mission-critical assignment or if they have some grudge on you and they want to deprive you of some good job opportunities. I personally feel that you should accept the relieving letter along with your full and final dues and leave the company gracefully rather than carrying any bitter thoughts.
Wishing you all the best for your future journey.
From India, Mumbai
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Dear Sir,
I feel that when a company is ready to relieve you before three months, it implies that the company may agree to waive the notice period wages. Of course, it is at the discretion of the company to use its discretion in your favor. Your personal rapport and good track record will certainly help in this regard.
G. P. Agarwal, Lucknow
From India, undefined
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I feel that when a company is ready to relieve you before three months, it implies that the company may agree to waive the notice period wages. Of course, it is at the discretion of the company to use its discretion in your favor. Your personal rapport and good track record will certainly help in this regard.
G. P. Agarwal, Lucknow
From India, undefined
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I have been an above-expectations performer for the last 2 years, and then the company suddenly demands that I work at a client site with a travel time of 5 hours, for which I am medically restrained. I had a knee operation done earlier, so I was told not to travel much by the doctor. I explained this to the company, stating that I am physically not capable of over-travelling, but they convinced me that it is only 2 hours, which actually was 5 hours.
Still, I attempted to do that, resulting in the re-emergence of my problem, and finally, I am on bed rest for a month.
Even though the medical certificates and MRI reports have been submitted, the company gave me a choice - either to get relieved earlier or travel for 5-6 hours if I want to serve the notice period. If I don't go, then I will be released earlier without notice pay.
The discretion of management shouldn't follow some clauses or grounds before deciding whether this has to be in favor or against the employee.
In my previous 4 companies, the discretion of management had clauses excluding medical reasons.
From India, Mumbai
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Still, I attempted to do that, resulting in the re-emergence of my problem, and finally, I am on bed rest for a month.
Even though the medical certificates and MRI reports have been submitted, the company gave me a choice - either to get relieved earlier or travel for 5-6 hours if I want to serve the notice period. If I don't go, then I will be released earlier without notice pay.
The discretion of management shouldn't follow some clauses or grounds before deciding whether this has to be in favor or against the employee.
In my previous 4 companies, the discretion of management had clauses excluding medical reasons.
From India, Mumbai
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Your transfer to a client's place or another location depends entirely on the terms of your appointment. If there is a transfer clause, then you cannot avoid such a transfer irrespective of whether you are a 'good' or 'bad' performer.
You may submit all your medical documents with a forwarding letter under acknowledgment, requesting the management to look into the issue, provided that your medical document clearly states that you are unable to travel for more than a certain number of hours daily.
Now, coming to the option given by the company that you will be "released earlier without notice pay," it is like being asked to leave, and no such clause exists under any law. A company asking someone to leave or resign amounts to termination, for which you can raise a dispute before the court of law.
At this stage, you may do your best to negotiate or settle the matter amicably. If it does not go well, you may think of going the legal route.
From India, Kolkata
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You may submit all your medical documents with a forwarding letter under acknowledgment, requesting the management to look into the issue, provided that your medical document clearly states that you are unable to travel for more than a certain number of hours daily.
Now, coming to the option given by the company that you will be "released earlier without notice pay," it is like being asked to leave, and no such clause exists under any law. A company asking someone to leave or resign amounts to termination, for which you can raise a dispute before the court of law.
At this stage, you may do your best to negotiate or settle the matter amicably. If it does not go well, you may think of going the legal route.
From India, Kolkata
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Notice of Employee Change.doc